The current s. DWD 129.04 provides that the request to set aside a benefit year must be in writing and that the department has recovered, or has waived the recovery of, all benefits paid to the claimant for that benefit year or offsets this amount against benefits the claimant would otherwise be eligible to receive at the time the request to set aside a benefit year is made. If the statutory criteria for set aside are not met, the department may set aside the benefit year under other conditions. Other conditions include the following:

• The department terminates coverage of an employer previously subject to ch. 108, Stats., for whom the claimant performed services in the base period and the claimant could not have foreseen this termination of coverage.

• The department makes an error relating to the claimant's establishing of a benefit year;

• The wage data used by the department to establish the benefit year is erroneous.

• The claimant elects alternative filing because the claimant's benefit year was established in the last month of a calendar quarter and benefits were paid to the claimant prior to the department advising the claimant of the choice of alternative filing.

The proposed rules repeal the requirement that a request to set aside a benefit year be in writing and create new exceptional circumstances when set aside of a benefit year may be allowed. The new exceptional circumstances are as follows:

• The claimant's first payment in the benefit year was made after an additional initial claim was filed.

• The claimant is eligible to start a benefit year in another state.

• The cancellation of wage credits under s. 108.04 (5), Stats., reduces the claimant's maximum benefit amount to less than 5 times the weekly benefit rate.

• Other exceptional circumstances exist over which the claimant has no control that are related to establishing a benefit year.

The proposed rules are modernized to specify the Internet as a method for filing initial claims and weekly certifications. The proposed rules also remove the specified in-person filing option since initial claims are no longer routinely filed at local offices. It would still be an option under the “as otherwise prescribed" phrase. New exceptional circumstances are added to allow the set aside of a benefit year based on the department's experience with appropriate circumstances that have occurred with some frequency.

There are no federal standards or regulations for unemployment insurance benefits regarding filing or notice requirements.

Minnesota. Applications for unemployment benefits are effective the Sunday of the calendar week in which the completed application is submitted. Applications and weekly certifications may be submitted by Internet, telephone, or mail. An account that has become inactive may be reactivated effective the Sunday of the calendar week in which the account was reactivated.

Iowa. An initial claim may be filed by telephone, in person, or by other means prescribed by the department. Claims are deemed filed as of Sunday of the week in which the claim is filed. A claimant must generally complete a voice response telephone claim to continue benefits. A request to set aside a benefit year must be in writing. Iowa lists numerous reasons to allow set aside of a benefit year. Reasons in common with Wisconsin include that a claimant could refile after the change of a calendar quarter to obtain an increase in the maximum benefit amount if the benefit year cancellation were allowed; if a claimant would receive more benefits from another state; or if a claimant received erroneous information from an employee of the department.

Michigan. The Michigan administrative rules provide that a claimant shall file an initial claim, continued claim, or resumed claim as directed by the agency. To be considered a timely filing and effective as of the beginning of the claimant's first week of unemployment, a new claim shall be received by the agency not later than the Friday after the end of the week containing the claimant's last day of work. A continued claim shall be received by the agency not later than the Friday after the end of the last week of the period for which the claimant is instructed to report. A resumed claim is effective as of the beginning of the week in which it is received by the agency. If a claimant does not file a new, continued, or resumed claim pursuant to these deadlines but files the new or resumed claim not later than the 14th day after these time limits, the claim is consider filed on time if the claimant has good cause for the lateness of the filing.

A claimant who has established a benefit year but has not received a benefit check may request a redetermination of benefit rights and cancellation of the established benefit year and may file a new claim to establish a new benefit year.

Illinois. An initial claim for benefits must be filed in person at the local office unless a claimant is otherwise instructed by the agency. An initial claim for benefits should be filed no later than the end of the first week in which the claimant is separated from work and the claim shall begin in the week in which it was filed. Filing by mail may be allowed for claimants with special circumstances, such as lack of transportation or physical disabilities. Claimants generally file a certification for continuing benefits by telephone. Claimants are given a certification day in which they call and respond to questions concerning their claims for the prior 2 weeks. If the claimant misses the certification day, a call may be placed on Thursday or Friday of that week, or on the designated certification day or Thursday or Friday of the next week. Filing a certification by mail may be allowed in special circumstances, such as language issues, hearing impairment, or lack of access to a touch tone phone.

The proposed rules do not add or change any requirements for small businesses. There are no reporting, bookkeeping, or other procedures required for compliance with the proposed rule and no professional skills are required. The DWD Small Business Regulatory Coordinator is Jennifer Jirschele, (608) 266-1023, jennifer.jirschele@dwd.state.wi.us.

The proposed rules have no fiscal effect on state or local governments.

Carla Breber, UI Disputed Benefit Claims, (608) 266-7564, carla.breber@dwd.state.wi.us.

You may review and print a copy of the proposed rules at the department's proposed rule hearing website at http://www.dwd.state.wi.us/dwd/hearings.htm. You may receive a paper copy of the rule by contacting:

Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
fax: (608) 266-1784
elaine.pridgen@dwd.state.wi.us

Written comments on the proposed rules received at the above address, email, or fax no later than July 26, 2006, will be given the same consideration as testimony presented at the hearing.